The court ruled that raising a flexi for public issues does not constitute promoting enmity under IPC, and continuing proceedings would be an abuse of process.

ORDER:

V.SUJATHA, J.

This Criminal Petition is filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in FIR No.515 of 2021, dated 31.08.2021 on the file of Station House Officer, Bhimavaram I Town Police Station, Bhimavaram, West Godavari District, registered for the offences punishable under Sections 153-A and 505(2) read with 34 IPC.

2. The petitioners herein are accused Nos.1 and 2 and the 2^nd respondent is the defacto complainant.

3. The brief facts of the complaint filed by the defacto complainant/2^nd respondent are that on 31.08.2021, the 1^st petitioner/accused No.1 raised a flexi displaying the local MLA's picture without obtaining any permission. It is alleged that by doing so, the 1^st petitioner showed disrespect to the YSR Congress party and local MLA and promoted enmity and created disharmony among the public. It is further alleged that previously also, the 1^st petitioner encouraged Janasena party activities to attack on Dalit community people in Matsyapuri village. It is further alleged that the 2^nd petitioner, who is the Editor of "Vasista Today‟ evening daily newspaper, has published news about raising of the said flexi in the said newspaper, and thereby supported the activities of the 1^st petitioner in disturbing the public tranquillity. Basing on the complaint given by the defacto complainant, the Station House Officer, I Town Police Station, Bhimavaram registered a case vide FIR No.515 of 2021 for the offences punishable under Section 153-A and 505(2) read with 34 IPC.

4. While ordering notice before admission on 25.11.2021, this Court passed the following interim order:

“…..there shall be stay of all further proceedings in FIR No.515/2021 on the file of the Station House Officer, Bhimavaram I Town Police Station, Bhimavaram, West Godavari District.”

5. Learned counsel for the petitioners submitted that the present case is foisted against the petitioners only to harass them and to have an unlawful gain. The flexi said to have been raised by the 1^st petitioner was in the manner of requesting the local MLA to kindly look into the problems of the public by specifically citing two issues i.e., regarding construction of a water tank near daily market and regarding the maintenance of roads. It is neither a political representation nor contains any political derogatory speech that would create any incitement or hatred against any individual or group. It is further stated that the 1^st petitioner has nothing to do with the earlier incident said to have occurred at Matsyapuri and he is not involved in any such case. It is further submitted that in the news item published by the 2^nd petitioner also, no derogatory remarks were made against Local MLA or any other politician or political party and it only speaks about raising of flexi by the 1^st petitioner. It is, therefore, prayed to quash the proceedings against the petitioners.

5. Learned counsel for the 2^nd respondent contended that the alleged acts of the petitioners are sufficient to conclude that the petitioners committed offence punishable under Sections 153-A and 505(2) read with 34 IPC and therefore, prayed to dismiss the petition.

6. Learned Public Prosecutor for the 1^st respondent concurs with the submission of the learned counsel for the 2^nd respondent.

7. Having heard the submissions made by the learned counsel representing both parties and on perusal of the material available on record, the point that arises for consideration is as follows:

“Whether the proceedings against the petitioners in Crime No.515 of 2021 of Station House Officer, I Town Police Station, Bhimavaram, West Godavari District are liable to be quashed by exercising jurisdiction under Section 482 of Cr.P.C.?”

The present petition has been filed under Section 482 of Cr.P.C.

8. Section 482 of Cr.P.C saves the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any Court or otherwise